Local Government NSW v New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union [2024] NSWIRComm 1033

Industrial Relations Commission New South Wales Medium Neutral Citation: Local Government NSW v New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union [2024] NSWIRComm 1033 Hearing dates: 30 May 2024 Date of orders: 30 May 2024 Decision date: 30 May 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: Pursuant to ss 136(1)(c) and 137(1)(a) of the Industrial Relations Act 1996, the Commission makes the following orders: (1) Subject to Order 2, the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union ("USU"), its officers and employees, and its members employed by the Liverpool City Council ("Council") must immediately cease taking industrial action, including that described in numbered paragraphs 2, 4, 5 and 6 of the letter from Stephen Donley of the USU to Jason Breton of the Council dated 28 May 2024 ("Letter"). (2) Order 1 does not include the action described in numbered paragraph 8 of the Letter. (3) The USU, its officers, employees, agents and members must cease and refrain from authorising, organising, supporting, encouraging or inciting industrial action contrary to Order 1. (4) These orders take effect immediately and will remain in force until 30 July 2024 or until further order of the Commission. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes – Dispute orders Legislation Cited: Industrial Relations Act 1996 ss 130, 135, 136, 137, 146, Dictionary Work Health and Safety Act 2011 s 84 Cases Cited: Secretary of the Ministry of Health v New South Wales Nurses and Midwives' Association [2022] NSWSC 1078 Texts Cited: Nil Category: Principal judgment Parties: Local Government NSW (Notifier) New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (Respondent) Representation: T Duffy (Senior Industrial Officer, Local Government NSW) (Notifier) B O'Kell (Industrial Officer, USU) (Respondent) File Number(s): 2024/00161555 Publication restriction: No